Criminal Law (Sentencing) Regulations 1988 (SA)
SOUTH AUSTRALIA
1. Citation
2. Commencement
3. Interpretation
4. Forms
5. Enforcement of bonds and guarantees
5a. | Reminder notice fees |
5B. | Driver’s licence disqualification notice fees |
5C. | Suspension of motor vehicle registration notice fees |
6. | Enforcement of community service orders |
7. | Enforcement of certain other court orders |
SCHEDULE
APPENDIX
being
No. 273 of 1988:
as varied by
No. 179 of 1991:
Gaz . 15 August 1991, p. 5922 No. 159 of 1993:
Gaz . 1 July 1993, p. 3713 No. 114 of 1994:
Gaz . 7 July 1994, p. 404 No. 68 of 1997:
Gaz . 13 May 1997, p. 18445 No. 53 of 1998:
Gaz . 28 May 1998, p. 22966 No. 2 of 1999:
Gaz . 14 January 1999, p. 4027 No. 122 of 1999:
Gaz . 24 June 1999, p. 32748
1 Came into operation 1 January 1989: reg. 2.
2 Came into operation 1 September 1991: reg 2.
3 Came into operation 1 July 1993: reg. 2.
4 Came into operation 7 July 1994: reg. 2.
5 Came into operation 1 July 1997: reg. 2.
6 Came into operation 1 July 1998: reg. 2.
7 Came into operation 14 January 1999: reg. 2.
8 Came into operation 1 July 1999: reg. 2.
1. These regulations may be cited as the
Criminal Law (Sentencing) Regulations, 1988 .
2. These regulations will come into operation on 1 January, 1989.
3. In these regulations—
"the Act" means the
Criminal Law (Sentencing) Act, 1988 :"the schedule" means the schedule to these regulations.
4. The forms set out in the schedule are prescribed for the purposes of the Act.
5. (1) If, pursuant to section 57(1) of the Act, a probative court decides to issue a summons or a warrant of arrest to bring a probationer before the court on a written application made by the Crown alleging breach of bond, the court must endorse the application accordingly.
(2) A summons or warrant issued under section 57 must be in the form of Forms 6 and 7 of the
schedule.
(3) The court should first issue a summons to a probationer alleged to have breached a bond unless the court has reasonable grounds to believe—
that service of a summons is not likely to be effected; | |
or | |
that the probationer is not likely to comply with a summons. |
(4) A summons must be served on the probationer—
personally; | |
or | |
if personal service is not practicable or the probationer cannot, after reasonable enquiries, be found in such other manner as the court may direct, |
not later than two clear working days before the date specified in the summons for the hearing of
the matter.
(5) If a probationer fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the probationer, the court may, deal with the application in the absence of the probationer instead of issuing a warrant to bring the probationer before the court.
(6) If a guarantor fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the guarantor, the court may make orders in relation to enforcing the guarantee in the absence of the guarantor.
(7) If a probationer is found guilty of an offence committed during the term of a bond by a court that has jurisdiction to deal with proceedings for breach of the bond, the court may, on an oral application by the Crown, proceed to hear and determine the application forthwith if it is satisfied that the probationer has had adequate notice of the intention of the Crown to make such an application.
6. (1) If it appears to an appropriate officer, on an application supported by an affidavit that a person ("the defendant") has refused or neglected to comply with an order of the court requiring performance of community service, the appropriate officer must issue a notice (to which a copy of the affidavit is attached) to the defendant requiring the defendant to attend before the appropriate officer to show cause why he or she should not be dealt with according to law for the alleged non-compliance.
(2) A notice issued under subregulation (1) must be served on the defendant—
personally; | |
or | |
if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the appropriate officer may direct, |
not later than two clear working days before the date specified in the notice for the hearing of the
matter.
(3) If a defendant fails to attend before an appropriate officer in compliance with a notice under subregulation (1) and the appropriate officer is satisfied that the notice was duly served on the defendant, the appropriate officer may deal with the application for enforcement in the absence of the defendant.
(4) An appropriate officer may adjourn proceedings under this regulation at any time.
(5) The right of appeal conferred by section 71(5) of the Act against a decision of an appropriate officer to direct, or not to direct, that a sentence of imprisonment imposed under that subsection be cumulative is exercisable within one month of the making of the decision.
7. (1) If it appears to an appropriate officer, on written advice supported by an affidavit, that a person ("the defendant") has refused or neglected to comply with an order of a court to which section 71(3) of the Act applies, the appropriate officer must apply to the court for enforcement of the order.
(2) On making an application under subregulation (1), the appropriate officer must give notice of the application to the defendant requiring the defendant to appear before the court to show cause why he or she should not be dealt with according to law for the alleged non-compliance.
(3) A notice under subregulation (2) must be served on the defendant—
personally; | |
or | |
if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the appropriate officer may direct, |
not later than two clear working days before the date specified in the notice for the hearing of the
matter.
(4) If a defendant fails to appear before the court in compliance with a notice under subregulation (2) and the court is satisfied that the notice was duly served on the defendant, the court may deal with the application for enforcement in the absence of the defendant.
SCHEDULE
Court of origin
Name | Date of birth |
Address |
File No. | Count No. | Offence (and offence date) | Sentence imposed |
Total sentence of imprisonment to be served | |||
Imprisonment commencement date | |||
Non-parole period set (or minimum term) | |||
Non-parole period commencement date | |||
Name of person who imposed penalty | |||
Date order made by court | |||
Date warrant issued |
To the Commissioner of Police for the State of South Australia and each member of the police force of the State, and to the Executive
Director of the Department of Correctional Services.
The defendant named in this warrant has been dealt with by a court and sentenced to a term of imprisonment. Particulars of the court that imposed the penalty, the charge(s) against the defendant and the sentence(s) imposed appear on this warrant.
You, the Commissioner of Police and members of the police force, are directed to convey the defendant to a correctional institution and you, the Executive Director, are directed to detain the defendant for such period of time as this warrant directs.
You, the probationer, have been found guilty of the offence(s) listed above. The court this day ordered that you be discharged on a
bond
(starting from when you sign this bond) | |
1. That you be of good behaviour, and comply with all of the conditions of this bond.
2. That you appear before a court for
* conviction and /sentence on the above offence(s) if you disobey any of the conditions of this bond.3. That you be under the supervision of a probation officer for a period of ................................ and obey all the lawful directions given to you by your probation officer.
4. That you report, within two working days of having signed this bond, at the offices of the Department of Correctional Services at
(NOTE: You need not report if, within that two day period, you receive notice from the Department that it is not necessary to do so). |
5.
If, at the end of the term of this bond you have complied with all of the above conditions, the bond will lapse automatically. You will not be required to come back to court and you cannot be punished further for the offence(s) listed above.
If you fail to comply with any of the conditions of your bond, the following things may happen:—
1. You may be brought back to court, and the court may
* convict and/sentence you for the offence(s).2. You may be ordered to pay the above amount of the bond, or any lesser amount fixed by the court.
3. Any person who has agreed to act as a guarantor to this bond may be ordered to pay the amount of money for which they have signed, or any lesser amount fixed by the court.
*Delete whichever is not applicable.
I agree to enter into this bond. I acknowledge that I fully understand its conditions, and I undertake to comply with those conditions. I also understand what will happen to me
if I fail to do so. | Probationer |
Bond taken before me and duplicate notice(s) served this ....................... day of ............................. 19................
Judge
Stipendiary Magistrate
Justice of the Peace
Total sentence of imprisonment to be served
Non-parole fixed (if the sentence to be served is 12 months or more)
The court has recorded a conviction against you for the offence(s) listed above and has imposed the sentence(s) shown for each matter.
It has, however, ordered that the sentence(s) be suspended if you enter into a bond.
(starting from when you sign this bond) | |
1. That you be of good behaviour, and comply with all of the conditions of this bond.
2. That you be under the supervision of a probation officer
* for a period of ........................ and obey the lawful directions given to you by your probation officer.3. That you perform ......................... hours of community service within ................... months from the date of this bond, and obey the lawful directions of the community service officer to whom you are assigned.
4. That you report, within two working days of having signed this bond, at the offices of the Department of Correctional Services at
(NOTE: You need not report if, within that two day period you receive notice from the Department that it is not necessary to do so). |
If, at the end of the term of this bond, you have complied with all of the conditions mentioned above, the sentence of imprisonment ordered by the court will not have to be served, nor will you have to come back to court.
If you fail to comply with any of the conditions of your bond, the following things may happen:
1. You may be brought back to court, and the court may cancel the order of suspension of the prison sentence(s) imposed on you. You would then have to serve that sentence, or such lesser term of imprisonment fixed by the court.
2. You may be ordered to pay the amount of the bond (as set out above), or any lesser amount fixed by the court.
3. Any person who has agreed to act as a guarantor to this bond may be ordered to pay the amount of money for which they have signed, or any lesser amount fixed by the court.
I agree to enter into this bond. I acknowledge that I fully
understand its conditions, and I undertake to comply with those conditions. I also understand what will happen to me if I fail to do so. | Probationer |
Bond taken before me and duplicate notice served this .......................... day of .................................... 19..............................
Judge
Stipendiary Magistrate
Justice of the Peace
I, | (D/B | / | / | ) |
of | ||||
and I, | (D/B | / | / | ) |
of guarantee that |
("the probationer") will comply with all of the terms and conditions of the bond (a copy of which is attached) that he or she has entered
into this day.
I understand that I am liable to pay the sum of $ | if the probationer— |
1. Breaches any of the conditions of his or her bond.
2. Breaches the bond and fails to pay in full any amount due under the bond that the court orders him or her to pay on account of that breach.
...........................................................................
...........................................................................
Taken before me this | day of | , 19 | . |
Duplicate notices served on the guarantor(s) and the probationer.
...........................................................................
NOTICE TO CONFIRM THE TERMS OF A COMMUNITY SERVICE ORDER
The court has convicted you of the offence(s) listed above and has sentenced you this day as follows:
1. You are to perform .................... hours of community service within ................... months from the date of this order, and you must, until such time as you have finished working the required number of hours, obey the lawful directions of the community service officer to whom you are assigned.
2. You are to be under the supervision of a probation officer for a period of .................... from the date of this order and must obey the lawful directions that are given to you by your probation officer during that time.
3. You are to report, within two working days of having signed this notice, at the offices of the Department of Correctional Services at
(NOTE: | You need not report if, within that two day period, you receive notice from the Department advising that you do not have to comply with this requirement.) |
If you fail to comply with any part of the order set out above, you can be sentenced to a period of imprisonment.
Duplicate notice handed to the abovenamed person this
....................................... day of ..................................... 19...........
.......................................................................................................
On the | day of | 19 | , you entered into a bond, a true copy of which is attached. |
It is alleged by |
of
that you have failed to comply with a condition of your bond, in that you—
• | failed to be of good behaviour by committing a further offence, particulars of which are detailed in the attached certified copy. |
• | failed, in the manner described in the attached affidavit, to comply with the condition that you be under the supervision of a probation officer and obey the lawful directions of the probation officer to whom you are assigned. |
• | failed, in the manner described in the attached affidavit, to comply with the condition that you perform community service. |
• | failed, in the manner described in the attached affidavit, to comply with the condition that .................................................... |
.....................................................................................................................................................................................................................
.....................................................................................................................................................................................................................
.....................................................................................................................................................................................................................
.....................................................................................................................................................................................................................
TAKE NOTICE that you are required to answer the allegation that you have failed to comply with a condition of your bond, and for
that purpose you are hereby ordered to appear on the | day of |
19 | , at | o’clock in the | noon at the |
in the State of South Australia, to answer the allegation and to show cause why you should not be dealt with according to law. If you fail to attend as required by this summons, the court may order that a warrant be issued for your arrest, or make such order against you in your absence as it sees fit, including an order for your imprisonment.
Dated the | day of | 19 | , at |
in the State of South Australia
...........................................................................
I, | of |
make oath and say that I did on the | day of |
19 between the hours of
and | in the | noon duly serve the within-named |
at
with the within summons by delivering a duplicate hereof to him personally
Sworn before me at | ........................................................................................................... |
the | day of | 19 |
...........................................................................................................
To the Commissioner of Police for the State of South Australia, and to each member of the police force of the State.
This warrant is for the apprehension of
of | ("the probationer"). |
Evidence on oath was given on the | day of | 19 | , |
by | of |
that the probationer has failed to comply with the conditions of a bond entered into at the
Court on the | day of | 19 | , |
in relation to an offence of
Conditions of the bond are that the probationer:—
1. Be of good behaviour.
2. Be under the supervision of a probation officer and obey the lawful directions given by that probation officer.
3. |
|
by the Community Services Officer to whom the probationer was assigned.
4. Report within two working days of having signed the bond at the office of the Correctional Services Department.
5.
And it is alleged that the probationer has failed to comply with the conditions of the bond in that
And I, | , sitting as a probative court at the |
, being satisfied by evidence on oath that the probationer may have failed to comply with the conditions of the bond, direct you to apprehend the probationer and to bring that person before the Court (or a court of Summary Jurisdiction) not later than the next working day after the day of the probationer’s arrest, to be dealt with according to law.
Dated the | day of | 19 | , at | in the |
State of South Australia. |
...........................................................................
Court of origin
Court file no. | Count no. |
Name | |
Date of birth | |
Address | |
Drivers licence no. | |
Date of offence | |
Offence location | Reg. no. |
Offence | Victims name |
Section and Act | |
Fine/ | |
Costs | |
Levy (C.I.C. Act) Reminder notice fee | |
Warrant fee | |
Paid | |
Date fine imposed by the court | |
Date warrant issued |
To the Commissioner of Police for the State of South Australia and each member of the police force of the State, and to the Executive
Director of the Department of Correctional Services.
The defendant named in this warrant has been dealt with on a charge and ordered by a court to pay a pecuniary sum and has failed to do so.
You, the Commissioner of Police and members of the police force are directed to execute this warrant upon the defendant, and unless the defendant pays forthwith the amount in respect of which the warrant was issued (together with the costs of issuing and executing this warrant), to convey the defendant to a correctional institution. And you, the Executive Director of the Department of Correctional Services, are directed to receive and to detain the defendant for the period due in respect of the amount unpaid as shown on this warrant, unless the defendant at any time pays the amount then due to extinguish this warrant.
...........................................................................
FORM No. 9—CRIMINAL LAW (SENTENCING) ACT, 1988 Order for the Sale of Goods and Notice to the Defendant
Court of origin
Court file no. | Count no. |
Defendant’s name
Date of birth
Address
Drivers licence no.
Date of offence
Offence location | Reg. no. |
Offence | Victims name |
Section and Act | |
Fine/ | |
Costs | |
Levy (C.I.C. Act) Reminder notice fee | |
Paid | |
Date fine imposed by the Court |
I, the undesigned, am satisfied that you, the abovenamed defendant, are more than one month overdue in paying the amount due shown above. I am also of the opinion that you are the owner of goods, which if seized and sold, would either supply sufficient money to pay off the amount due that is shown on this order, or would supply sufficient money to substantially reduce that amount.
I hereby make this order to authorize the sale of your goods. You are advised that if the amount due that is shown on this order is not paid to me within ten days of this notice being served on you, a warrant to seize and sell such of your goods (being goods that could be taken in bankruptcy proceedings) as are necessary to pay the amount due will be issued and executed.
Date of Issue ........../ ........../ ..........
...........................................................................
I, | of |
make oath and say that I did on the | day of |
19 between the hours of
and | in the | noon duly serve the within-named |
at
with the within order by delivering a duplicate hereof to him personally
...........................................................................................................
Sworn before me at
the | day of | 19 |
...........................................................................................................
of
make oath and say that I did on the | day of | 19 | , between the hours of |
and | in the | noon duly serve the within named defendant Company with the |
within order by leaving a duplicate hereof at the registered office of the said Company situated at
with the | of |
the said Company.
...........................................................................................................
Sworn before me at
the | day of | 19 |
...........................................................................................................
Court of origin
Court file no. | Count no. |
Name | |
Address Drivers licence no. | |
Date of offence | |
Offence location | Reg. no. |
Offence | Victim’s name |
Section and Act |
Fine/* | ||
Costs |
I certify that, by virtue of this warrant, I
Levy (C.I.C. Act) | have made a diligent search for goods belonging to the defendant and I can find |
Reminder notice fee | no goods falling within the terms of this |
Warrant fee | warrant to seize and sell. |
Paid | Dated: ......../ ......../ ........ |
Date fine imposed by the court | Signed:. .. .. .. .. .. .. .. .. .. .. .. . . | ||
| |||
Employment address:. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | |||
Date warrant issued |
|
To the Sheriff and all members of the police force:
The defendant named in this warrant has been dealt with on a charge, ordered by a court to pay a pecuniary sum and has been in default of payment for more than one month.
The defendant has been served with a notice warning that this warrant would be issued, and failed within ten days of that service to either pay in full the pecuniary sum, or to make some further application in relation to it.
You are directed to provide the defendant with an opportunity to pay forthwith the amount in respect of which this warrant was issued (together with the costs of issuing and executing the warrant) and if payment in full is not made, to seize forthwith such of the defendant’s goods (being goods that could be taken in bankruptcy proceedings) as would be necessary, if sold, to satisfy that amount or substantially reduce it.
And if within five clear days next after the making of such seizure (unless the defendant consents in writing to an earlier sale) the amount in respect of which this warrant was issued (together with any costs associated with the execution of this warrant) is not paid in full, or unless notice has been received to stay sale of the goods pending a determination of the court as to ownership, you are to sell the goods and pay the proceeds of that sale to the officer of the court who issued this warrant. If no such goods can be seized you are 0to certify accordingly to that officer.
*If other, specify | Signed: .............................................................................. |
Appropriate Officer
Court file no. | Count no. |
Date of birth | |
Drivers licence no. | |
Reg. no. | |
Victims name | |
Section and Act | |
Fine/ | |
Paid | |
Date fine imposed by the Court |
I, the undersigned, am satisfied that you, the abovenamed defendant, are more than one month overdue in paying the amount due shown above. I am also of the opinion that you are the owner of land, which if seized and sold, would either supply sufficient money to pay off the amount due that is shown on this order, or would supply sufficient money to substantially reduce that amount.
I hereby make this order to authorize the sale of your land. You are advised that if the amount due that is shown on this order is not paid to me within ten days of this notice being served on you, a warrant to seize and sell such of your land (being land at .............................................................................................. to which certificate of title volume ..................... folio ..................... refers) as is necessary to pay the amount due will be issued and executed.
Date of Issue ........../ ........../ ..........
...........................................................................
*
I, | of |
make oath and say that I did on the | day of |
19 between the hours of
and | in the | noon duly serve the within-named |
at
with the within order by delivering a duplicate hereof to him personally
...........................................................................................................
Sworn before me at
the | day of | 19 |
...........................................................................................................
of
make oath and say that I did on the | day of | 19 | , between the hours of |
and | in the | noon duly serve the within named defendant Company with the |
within order by leaving a duplicate hereof at the registered officer of the said Company situated at
with the | of |
the said Company.
...........................................................................................................
Sworn before me at
the | day of | 19 |
...........................................................................................................
Court of origin
Court file no. | Count no. |
Name | |
Address Drivers licence no. | |
Date of offence | |
Offence location | Reg. no. |
Offence | Victim’s name |
Section and Act |
Fine/* |
Costs | I certify that, by virtue of this warrant, I have made a diligent effort to seize land |
Levy (C.I.C. Act) | (particulars of which appear in this |
Reminder notice fee | warrant) belonging to the defendant and I am unable, for the reasons detailed on the |
Warrant fee | reverse of this warrant, to seize the land. |
Paid | |
Dated: ......../ ......../ ........ |
Date fine imposed by the court | Signed:. .. .. .. .. .. .. .. .. .. .. .. . . | ||
| |||
Employment address:. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | |||
Date warrant issued |
To the Sheriff and all members of the police force:
The defendant named in this warrant has been dealt with on a charge, ordered by a court to pay a pecuniary sum and has been in default of payment for more than one month.
The defendant has been served with a notice warning that this warrant would be issued, and failed within ten days of that service to either pay in full the pecuniary sum, or to make some further application in relation to it.
You are directed to provide the defendant with an opportunity to pay forthwith the amount in respect of which this warrant was issued (together with the costs of issuing and executing the warrant) and if payment in full is not made, to seize forthwith the defendant’s land (being land at.............................................................................................................. comprised in certificate of title volume..........................
folio..........................) which would be likely if sold to yield that amount or substantially reduce it.
And if within five clear days next after the making of such seizure (unless the defendant consents in writing to an earlier sale) the amount in respect of which this warrant was issued (together with any costs associated with the execution of this warrant) is not paid in full, or unless notice has been received to stay sale of the land pending a determination of the court as to its ownership, you are to sell the land and pay the proceeds of that sale to the officer of the court who issued this warrant. If no such land can be seized you are to certify accordingly to that officer.
*If other, specify | Signed: .............................................................................. |
Appropriate Officer
Court of origin
Court file no. | Count no. |
Name | |
Date of birth | |
Address | |
Drivers licence no. | |
Date of offence | |
Offence location | |
Offence | |
Section and Act | |
Terms of original court order | 1. To perform community service |
2. Other (give brief particulars) |
Term of imprisonment ordered
Imprisonment commencement date
Name of officer/court who imposed
sentence
Date warrant issued
To the Commissioner of Police for the State of South Australia and each member of the police force of the State, and to the Executive Director of the
Department of Correctional Services.
The defendant named in this warrant has refused or neglected to comply with an order of the court of a non-pecuniary nature, and has been sentenced to a term of imprisonment, details of which appear above.
You, the Commissioner of Police and members of the police force are directed to convey the defendant to a correctional institution, and you, the
Executive Director are directed to detain the defendant for such period of time as this warrant directs.
...........................................................................
Regulation 5A: | inserted by 159, 1993, reg. 3; varied by 53, 1998, reg. 3 |
Regulation 5B: | inserted by 114, 1994, reg. 3; varied by 68, 1997, reg. 3; 122, 1999, reg. |
3
Regulation 5C: | inserted by 114, 1994, reg. 3; varied by 68, 1997, reg. 4; 122, 1999, reg. |
4
Schedule
Form No. 8: | substituted by 179, 1991, reg. 3 |
Form No. 9: | substituted by 179, 1991, reg. 3; varied by 2, 1999, reg. 3(a) |
Form No. 10: | substituted by 179, 1991, reg. 3; 2, 1999, reg. 3(b) |
Form No. 11: | substituted by 179, 1991, reg. 3; varied by 2, 1999, reg. 3(c) |
Form No. 12: | substituted by 179, 1991, reg. 3; 2, 1999, reg. 3(d) |
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